A JUDGE interfered with the criminal justice process by overturning a coroner’s controversial order that a man should stand trial for an infamous 1991 double murder, a court has been told.

Queensland’s highest court was told on Monday it should reinstate an order by the state’s former chief coroner, Michael Barnes, to commit Alan Leahy to stand trial for the murder of his wife and her close friend.

The deaths of Julie-Anne Leahy, 26, and Vicki Arnold, 27, have been the subject of three inquests since their bodies were found onthe Atherton Tableblands, southwest of Cairns, on August 9, 1991.

In March last year Mr Barnes found sufficient evidence had been gathered to commit Alan Leahy to stand trial for the shooting murder of his wife and Ms Arnold.

Two earlier inquests had found the pair died in a murder-suicide – that Ms Arnold shot her friend before turning the gun on herself.

However, five months after Mr Barnes’ finding, Supreme Court judge James Henry overturned the decisionafter a judicial review.

Lawyers for Attorney-General Jarrod Bleijie on Wednesday told the Court of Appeal in Brisbane Justice Henry’s findings were flawed and that Mr Barnes’ finding should be reinstated.

Barrister Peter Davis, QC, for Mr Bleijie, told the court: “There has been an interference with the criminal process (by Justice Henry).’’

“The coroner’s decision, well publicised, was that this gentleman (Mr Leahy) should be committed to trial for murder.’’

Mr Bleijie’s submissions formed part of an application for an extension of time to appeal Justice Henry’s decision – which Mr Bleijie should have filed in September last year. He is also appealing a costs order in which the government was ordered to pay for Mr Leahy’s legal representation.

Mr Davis conceded a suggestion by the court that the delay in filing the appeal on time could have been due to “bureaucratic inefficiency’’.

He also accepted comments from appeal court judges Hugh Fraser and Roslyn Atkinson that rather than appeal Justice Henry’s decision, the issue of whether to try Leahy could be easily remedied by Queensland’s Director of Public Prosecutions, Tony Moynihan.

The DPP can force Mr Leahy to trial by direct referral to the Supreme Court.

Barrister Peter Callaghan, SC, for Mr Leahy, argued Mr Bleijie should not be granted an extension of time to appeal Justice Henry’s ruling.